The FARM LABOR ORGANIZING COMMITTEE has created this Privacy Policy and Terms of Use to explain how you may use the information contained on our websites, which includes, for purposes of the Privacy Policy and Terms of Use, using our mobile texts function and our applications, including applications on third-party sites or platforms such as social networking sites, and to explain how we use information that you may provide while visiting one of our websites.
Privacy Policy
This Privacy Policy describes how the FARM LABOR ORGANIZING COMMITTEE collects, uses, and shares information with respect to your use of its website located at floc.com (the “Website”). Before you use or submit any information in connection with the Website, carefully review this Privacy Policy. By using the Website, you consent to the collection, use, and disclosure of your information as outlined below. The terms “you” or “user” refer to all individuals and entities accessing the Website for any reason. The terms “us” or “we” refer to the FARM LABOR ORGANIZING COMMITTEE.
Information We Collect
Information You Provide To Us
We collect information about our users when users provide that information to us. Examples of such information collection include, for example, when you sign up to join our email list, when you sign up for an event, or when you take some sort of action through the Website. The kinds of information we may collect include your first and last name, your email address, your mailing address or zip code, your phone number, and any other information you choose to provide to us in connection with your use of the Website. Sometimes you provide the information to a trusted third party vendor on our behalf instead of directly to us, but that vendor uses your information only for the purpose for which it was provided.
Information that Is Passively or Automatically Collected
When you visit the Website, we may automatically receive and record information from your computer or mobile device. This information allows us to understand how people are navigating and using our Website, and how we can improve your experience based on the information we collect. The types of information we may collect include, by way of example only, your IP address, browser type, browser language, operating system, state or country from which you accessed the Website, software and hardware attributes (including device IDs), referring and exit pages and URLs, platform type, the number of clicks, files you download, pages viewed, the amount of time spent on particular pages, the date and time you used the Website, error logs and other similar information. From your IP address, we may be able to infer your general location (e.g., city and state or postal code).
We may use third-party analytics providers and technologies, such as web server logs, cookies and tracking pixels, to help us collect the data described above. We use the term “cookie” in the broad sense to include all similar techniques and technologies. A cookie is a small text file that is placed on your computer or device when you visit a website that stores certain information about your website usage. For example, cookies enable us to recognize your computer; store your preferences and settings; enhance your user experience by delivering content specific to your interests; perform searches and analytics; and assist with security administrative functions.
We use cookies that are created by us, and we may allow some third parties to serve cookies as well. You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. If you disable cookies, some functionality of the Website may be impaired.
How We Use Your Information
We may use the information we collect for the purposes for which you provided it, as well as:
· To provide you access to the Website by recognizing and authenticating you on the Website.
· To maintain and improve the Website, including:
o To provide the features and services available through the Website;
o To improve the content and features of the Website or to develop new services;
o To administer and troubleshoot the Website.
· To contact you, including:
o To send you information about your relationship with us;
o To contact you with information that we believe may be of interest to you;
o To process and respond to your inquiries or to request your feedback.
· For internal research and reporting.
· To comply with laws and regulations for our legitimate interests or the legitimate interests of others.
We may also aggregate or de-identify information we collect from you so that it is no longer linked to you or your computer or device. We may, in our sole discretion, use such aggregated
and de-identified information for any purpose and may share such information with third parties.
Text (SMS) Messages
By providing your cell phone number, you opt in to receiving periodic short message service (SMS) messages (“text messages”) from us concerning subjects such as workers rights, pro-union legislation and action alerts. Some of these text messages may be autodialed. We anticipate text message frequency will average twice per month, but that frequency may change.
You can end the receipt of text messages at any time. Just text “STOP” to the short code. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will resume sending text messages to you.
If you are experiencing issues with the text messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by contacting info@floc.com. Note that carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
When We Disclose Your Information
We may disclose and/or share your information to or with third parties under the following circumstances:
· With Consent. We may share your information with your consent.
· With Collaborators. We may share your information with organizations with whom we collaborate.
· Service Providers. We may provide access to or share your information with select third parties that perform services on our behalf. These providers use the information for the purpose it was shared. For example, we use a third party to send email and text messages to users who subscribe to those services.
· With Third Party Providers of Services. We may share your information with third parties that provide services to our members. For example, if you apply for a scholarship through our Website, we may share your information with Union Plus who handles scholarships for union members and their families.
· Protection of FARM LABOR ORGANIZING COMMITTEE and Others. The FARM LABOR ORGANIZING COMMITTEE may access, preserve, and disclose your information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by this Privacy Policy or reasonably necessary or appropriate for any of the following reasons:
o to comply with legal process;
o to enforce this Policy, including investigation of potential violations thereof;
o to respond to your requests for customer service; and/or
o to protect the rights, property, or personal safety of the FARM LABOR ORGANIZING COMMITTEE, their agents and affiliates, users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
· Aggregated Data. We may share aggregated and de-identified information.
· Organizational Transfers. We may share your information if we acquire, merge or partner with other organizations. In such transactions (including in contemplation of such transactions, e.g., due diligence) user information may be among the transferred assets. If any of the FARM LABOR ORGANIZING COMMITTEE’s assets are sold or transferred to a third party, information collected through the Website would likely be one of the transferred business assets.
How We Protect Your Information
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information because, despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
Legal Basis for Processing Personal Data
The laws in some jurisdictions require that website operators tell you about the legal grounds they rely on to use or disclose your information. To the extent those laws apply, our legal grounds for processing your information are as follows:
· Where use of your information is necessary to perform our obligations to you;
· Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Website; to provide the services we provide through our Website; to defend our legal rights; to analyze the use of our Website; to improve our services);
· Where we have a reason to process the information in accordance with applicable law;
· Where we have your consent to engage in a particular type of processing activity.
Online Analytics
We may use third-party web analytics services (such as those of Google Analytics) in connection with our Services to collect and analyze the information discussed above, and to engage in auditing, research or reporting. The information (including your IP address) collected by various analytics technologies described in the “Information that Is Passively or Automatically Collected” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Website, including by noting the third party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. Information about how Google uses information collected from sites that use its services is located here. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. If you receive an email from us, we may use certain analytics tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to assess the effectiveness of our communications and marketing campaigns to help us grow.
Your Rights and Your Choices
Individuals in the European Economic Area and other jurisdictions have certain legal rights with respect to their information. They can request that we (i) provide access to and/or a copy of certain information that the FARM LABOR ORGANIZING COMMITTEE holds about them, (ii) update information that is incorrect, (iii) delete certain information that we hold about them, (iv) restrict the way we process and disclose certain information, and (v) revoke consent for the processing of their information. To exercise these rights, please use the Contact Us form with the nature of your request. We will consider all requests and will provide a response within the time period set by applicable law.
Transfer
Our computer systems are based in the United States, and your information will be processed in the United States, which may not offer the same level of protection as the privacy laws of your jurisdiction.
Children’s Privacy
The Website is not intended for children under the age of 13. If we become aware that we have collected information from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.
Third-Party Links and Websites
The Website may contain links to third party websites. Please be aware that we are not responsible for the content or privacy practices of such other sites. The collection, use and disclosure of your information will be subject to the privacy policies of those third party websites, not this Privacy Policy. Therefore, we encourage our users to be aware when they leave our Website and to read the privacy policies of every site they visit that collects their information.
Notice Concerning Do-Not-Track Signals
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not currently recognize or respond to browser-initiated DNT signals.
Being Removed from Our Lists
If you wish to stop receiving emails from us, please email info@floc.com or click the unsubscribe link in the footer of an email from us.
Links to Other Websites
Our websites may contain links to other sites. The FARM LABOR ORGANIZING COMMITTEE is not responsible for the privacy practices or the content on such sites. We encourage our users to be aware when they leave our website and to read the privacy policies of each website that they visit that collects personally identifiable information. This Privacy Policy applies only to information collected through one of the FARM LABOR ORGANIZING COMMITTEE websites.
Revisions to Privacy Policy
We will continue to review this Privacy Policy as we update and expand the Website and our services, and we may make changes to the Policy accordingly. The date at the bottom of this page indicates the last time changes were made. You should check this page periodically for updates. If we make material changes to this Policy, we will provide you with notice as required by law. Your continued use of the Website will signify acceptance of the terms of the updated Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy, you can contact us by using the Contact Us form.
This Privacy Policy is made effective as of July 6, 2021.
Terms Of Use
By accessing the FARM LABOR ORGANIZING COMMITTEE website, which includes, for purposes of the Terms of Use, using our mobile texts function and our applications, including applications on third-party sites or platforms such as social networking sites, you are indicating your acceptance to be bound by the provisions of these Terms of Use and Privacy Policy, which is incorporated herein by reference. If you do not accept any of these terms, do not access the site. The FARM LABOR ORGANIZING COMMITTEE may, in its sole discretion, revise these Terms of Use at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms of Use, you should visit this page periodically to review the most up-to-date Terms of Use because they are binding on you. By continuing to use this website following our posting of such changes, you agree to be bound by the Terms of Use, as modified.
The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.
1. Eligibility
By accessing the FARM LABOR ORGANIZING COMMITTEE website, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. In any case, you affirm that you are above the age of 13, as the FARM LABOR ORGANIZING COMMITTEE website is not intended for children under 13. You also represent and warrant that you will use the website in a manner consistent with any and all applicable laws and regulations.
2. FARM LABOR ORGANIZING COMMITTEE Permissions and Restrictions
FARM LABOR ORGANIZING COMMITTEE hereby grants you permission to access and use the website as set forth in these Terms of Use, provided that:
(a) You do not collect any personally identifiable information of others, including user names or email addresses, from the website.
(b) You may not use any of the FARM LABOR ORGANIZING COMMITTEE websites in violation of any applicable law or regulation.
(c) You do not use the website for any commercial purposes without the prior written authorization of the FARM LABOR ORGANIZING COMMITTEE. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk email or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to their user comments.
(d) You do not circumvent, disable or otherwise interfere with security-related features of the website or our sites or servers (or networks connected to our website), including, without limitation, the following activities: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any FARM LABOR ORGANIZING COMMITTEE site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any “virus,” “worm” or “trojan horse” or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. The FARM LABOR ORGANIZING COMMITTEE will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(e) You do not use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses the website in a manner that sends more request messages to the FARM LABOR ORGANIZING COMMITTEE servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, the FARM LABOR ORGANIZING COMMITTEE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. The FARM LABOR ORGANIZING COMMITTEE reserves the right to revoke these exceptions either generally or in specific cases.
(f) You do not alter or modify any part of the website.
(g) You do not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity on or through the website or its communication systems.
(h) You do not transmit or otherwise make available on or through the website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable, or potentially libelous or inflammatory, as solely determined by the FARM LABOR ORGANIZING COMMITTEE.
(i) FARM LABOR ORGANIZING COMMITTEE reserves the right to change or discontinue any aspect of the website at any time, for any reason and without notice to you.
(j) FARM LABOR ORGANIZING COMMITTEE reserves the right to suspend or terminate a user’s access to the website, without prior notice and at the FARM LABOR ORGANIZING COMMITTEE’s sole discretion.
(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the website.
3. User Accounts
In order to access some features of the website, such as, for example, interactive blogs, you have to login using your Facebook or Google login or become a registered user. As a user, you agree to be bound by the following terms:
(a) When creating or modifying your account, you must provide accurate, current and complete information. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the website through any username/password assigned to you. You must notify the FARM LABOR ORGANIZING COMMITTEE immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
(b) As a user, you may submit comments on various FARM LABOR ORGANIZING COMMITTEE blogs or other material (collectively, “User Content”) to the website. FARM LABOR ORGANIZING COMMITTEE reserves the right, but does not assume the obligation, to delete, move, condense or edit such User Content for any reason and without prior notice. FARM LABOR ORGANIZING COMMITTEE also reserves the right to suspend or terminate a user’s access for posting User Content.
(c) You are solely responsible for your own User Content and the consequences of posting or publishing it. Submissions may be used by the FARM LABOR ORGANIZING COMMITTEE for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Use. By providing User Content to the FARM LABOR ORGANIZING COMMITTEE, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize the FARM LABOR ORGANIZING COMMITTEE to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by these Terms of Use. You agree and represent that, unless you are the owner of such rights or have permission from the rightful owner, you will not submit material that (i) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; or (iii) reveals confidential information or otherwise violates the third-party proprietary rights of others. You further agree and represent that you will not submit material that is harassing, vulgar, unlawful, harmful, profane, defamatory, violent, obscene, threatening, abusive, hateful or is potentially libelous or inflammatory or racially, ethnically or otherwise objectionable. The FARM LABOR ORGANIZING COMMITTEE reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of the FARM LABOR ORGANIZING COMMITTEE.
(d) You retain all of your ownership rights in your User Content. However, by submitting User Content to the FARM LABOR ORGANIZING COMMITTEE, you hereby grant the FARM LABOR ORGANIZING COMMITTEE a worldwide, nonexclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name, voice, appearance and likeness) in any medium in connection with the activities and operations of FARM LABOR ORGANIZING COMMITTEE, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of the FARM LABOR ORGANIZING COMMITTEE website (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give the FARM LABOR ORGANIZING COMMITTEE the nonexclusive right to use your name, voice, appearance and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for the FARM LABOR ORGANIZING COMMITTEE in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of the FARM LABOR ORGANIZING COMMITTEE website a non-exclusive license to access your User Content through the website, and to use, reproduce and distribute such User Content for such user’s personal, noncommercial purposes. You understand and agree that the FARM LABOR ORGANIZING COMMITTEE may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the website. The above licenses granted by you are perpetual and irrevocable.
(e) The FARM LABOR ORGANIZING COMMITTEE does not endorse, authorize or ratify any User Content, or any opinion, recommendation or advice expressed therein, and the FARM LABOR ORGANIZING COMMITTEE expressly disclaims all liability in connection with User Content. The FARM LABOR ORGANIZING COMMITTEE does not permit copyright infringing activities and infringement of intellectual property rights on its website, and the FARM LABOR ORGANIZING COMMITTEE reserves the right, but does not assume the obligation, to remove any content from the website if notified that such content infringes on another’s intellectual property rights.
4. Your Use of Content on the Site
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on the FARM LABOR ORGANIZING COMMITTEE website.
(a) The content on the website (other than your User Content), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “FARM LABOR ORGANIZING COMMITTEE Content”) is owned by or licensed by the FARM LABOR ORGANIZING COMMITTEE. Similarly, the trademarks, service marks and logos contained on the website are owned or licensed by the FARM LABOR ORGANIZING COMMITTEE (“FARM LABOR ORGANIZING COMMITTEE Marks”). Except as otherwise provided in these Terms of Use, the FARM LABOR ORGANIZING COMMITTEE Content and the FARM LABOR ORGANIZING COMMITTEE Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of the FARM LABOR ORGANIZING COMMITTEE. The FARM LABOR ORGANIZING COMMITTEE reserves all rights not expressly granted in and to the FARM LABOR ORGANIZING COMMITTEE Content and the FARM LABOR ORGANIZING COMMITTEE Marks.
(b) The website is made available for your personal, noncommercial use only. As part of such use, you may display, download and/or print pages from the site; you may link to the website; and you may forward website materials to others for personal, non-commercial uses that are reasonably related to the website’s purposes.
(c) You understand that when using the FARM LABOR ORGANIZING COMMITTEE website, you will be exposed to FARM LABOR ORGANIZING COMMITTEE Content, User Content and other third-party content from a variety of sources, and that the FARM LABOR ORGANIZING COMMITTEE makes no warranty about the accuracy, usefulness, safety or intellectual property rights of or relating to such FARM LABOR ORGANIZING COMMITTEE Content, User Content or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the FARM LABOR ORGANIZING COMMITTEE with respect thereto.
(d) The website may contain links to third-party websites that are not owned or controlled by the FARM LABOR ORGANIZING COMMITTEE. The FARM LABOR ORGANIZING COMMITTEE has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. We encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.
5. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any FARM LABOR ORGANIZING COMMITTEE Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing FARM LABOR ORGANIZING COMMITTEE’s Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the FARM LABOR ORGANIZING COMMITTEE to locate the material;
· A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
· Your name, mailing address, telephone number and email address; and
· A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.
FARM LABOR ORGANIZING COMMITTEE’s designated Copyright Agent to receive notifications of claimed infringement is: FARM LABOR ORGANIZING COMMITTEE General Counsel, 815 16th Street, NW, Washington, DC 20006. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
For clarity, only DMCA notices should go to the Copyright Agent. Please use the Contact Us form for any other feedback, comments, requests for technical support or other communications with the FARM LABOR ORGANIZING COMMITTEE.
6. Disclaimer of Warranty
THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE FARM LABOR ORGANIZING COMMITTEE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FARM LABOR ORGANIZING COMMITTEE, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “FARM LABOR ORGANIZING COMMITTEE PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE FARM LABOR ORGANIZING COMMITTEE PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. NOR DO THE FARM LABOR ORGANIZING COMMITTEE PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FARM LABOR ORGANIZING COMMITTEE PARTIES DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FARM LABOR ORGANIZING COMMITTEE WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
7. Limitation on Liability
IN NO EVENT SHALL THE FARM LABOR ORGANIZING COMMITTEE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE FARM LABOR ORGANIZING COMMITTEE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FARM LABOR ORGANIZING COMMITTEE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FARM LABOR ORGANIZING COMMITTEE PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.
8. Indemnity
You agree to defend, indemnify and hold harmless the FARM LABOR ORGANIZING COMMITTEE Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, attorney’s fees), of whatever nature, arising from: (i) your use of the FARM LABOR ORGANIZING COMMITTEE website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the FARM LABOR ORGANIZING COMMITTEE website.
9. Miscellaneous
These Terms of Use and Privacy Policy shall be governed by the internal substantive laws of Washington, D.C., without respect to its conflict of laws principles. Any claim or dispute between you and the FARM LABOR ORGANIZING COMMITTEE that arises in whole or in part from the FARM LABOR ORGANIZING COMMITTEE website shall be decided exclusively by a court of competent jurisdiction located in Washington, D.C.
These Terms of Use and Privacy Policy, together with any other legal notices published by FARM LABOR ORGANIZING COMMITTEE on the website, shall constitute the entire agreement between you and the FARM LABOR ORGANIZING COMMITTEE concerning the FARM LABOR ORGANIZING COMMITTEE website and supersedes prior agreements, if any, between you and the FARM LABOR ORGANIZING COMMITTEE relating to any matter dealt with in these Terms of Use and Privacy Policy. If any provision of these Terms of Use or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and the FARM LABOR ORGANIZING COMMITTEE’s failure to assert any right or provision under these Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. These Terms of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the FARM LABOR ORGANIZING COMMITTEE without restriction. These Terms of Use and Privacy Policy and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in these Terms of Use and Privacy Policy, express or implied, is intended or should be construed to confer upon any other person any right, remedy or claim under or by virtue of these Terms of Use and Privacy Policy.
You and the FARM LABOR ORGANIZING COMMITTEE agree that any cause of action arising out of or related to the FARM LABOR ORGANIZING COMMITTEE website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use are made effective as of January 01, 2024.